Consent order

[JohPa]

Can anyone advise whether it is feasible to put the family home on the market prior to finalising the details of the consent order and avoid going into rented accommodation?
Bit of background - I've already filed for divorce, we've had valuations on the house and I am certain that I want to sell it which STBXH appears to agree with. Only assets to be sorted via the consent order are the equity in the house, my NHS pension and possibly his v small private pension. The problem being that its going to take 3-4months to get the cash equivalent transfer value of my pension. I am concerned that this is going to delay the consent order. I want the house on the market asap as agents advised that now is a good time of year to sell but perhaps more urgently, there is a proposal for widening our road which could affect the marketability of our home starting February and taking 6 months. Obviously I would like the house on the market prior to this comnencing. Please can anyone advise ?

Same answer as I put on the legal board

It can be done, solicitors and conveyancers will advise against it, but ultimately the risk then falls on the pair of you if you agree to go ahead and something fails i.e. the consent order isn't agreed. In which case the equity will then have to be held by the conveyancer until they are authorised to release it. Likewise if you agree to a percentage split and the order isn't sealed you can authorise the release of funds to each party through a signed agreement, but if the judge then rejects the order and you have to amend, you then need to unpick the finances that have already been distributed.

Thank you for your advice - only posted on both boards to ensure I got the maximum response!

We did it. The conveyancer will distribute the money from the sale as we have both agreed and told him what percentage we each get. Consent order will go in front of the judge a few weeks after completion. My solicitor didn't advise against it as the contents of the consent order are very straightforward. You do need to make sure that you are agreed between you as to the equity split though.

I would go back to your pension providers say you need the CET value more urgently. When I rang mine they said 12 weeks, I said I needed ignore urgently in order to sort consent order and get house on the market, it cane in under 2 weeks in the end.

I won't put house on the market without consent order finalised as don't trust ex not to want to start renegotiating later and using the urgency of house sale to justify pushing me into a worse settlement

Agree with babybarrister. Very unwise to do this.

Hmm, thanks for all the advice. Unfortunately I don't have the £400 required to get my CETV quicker - I'll wait a week or 2 then chase it up - don't fancy my chances though as it's impossible to get through on the 'phone.

I'm NHS and requested mine in July....

Oh dear, it's not looking great then, so frustrating - didn't request it sooner as was worried that then it could be considered out of date ! An impossible situation.

If you sell the house now you must still disclose all information you've received about any planning proposals in your area/road. Regardless, the info will be revealed in the buyer's solicitors Local Authority Search. If you already know about these plans then the Council records will certainly reveal them. Not telling a buyer about something you assume would affect their choice/decision to buy the house is misleading and not to mention dishonest. If you fail to disclose information like this you could face legal action. Just saying.

You can market the property anytime you wish. You should tell Estate Agent that the Completion date/time will determine on a separation in approx 3 months. they can then inform buyers and prospective interested parties. If you don;t want to disclose about separation to agents then you'll need to wait until Consent Oder has been sealed by Court, then market the house.

What you'll not be able to do is 'Exchange Contracts' and formally 'Complete the sale' but pls do consult your legal advisor on timings.

Good luck and wishes.

google Seller's Property Information Form and see section called 'Instructions to Seller' and section headed 'Notices and proposals': this asks: 'Is the seller aware of any proposals to develop proeprty or land nearby or of any proposals to make alterations to buildings nearby? Is yes, give details:' Further, the form also asks: Does ownership of the property carry a responsibility to contribute towards the cost of any jointly used services, such as maintenance of a private road, a shared driveway a boundary or a drain?' You'd need to answer this question honestly and frankly. (section 8 of Law Society's Seller's Property Information Form (Law Society 2013 edition). Please be cautious with your answers. Sellers can be sued after Completion of the sale of the property. Years later in fact.

Thank you for your comments, I've aware that the proposed development will appear on the searches and wasn't intending to try and hide any facts. We have already been advised that we may be able to claim compensation if the value of our home is adversely affected. Estate agents have suggested that the value is unlikely to be affected but that the saleability may well be. My concern is that if they are right and the start of the project is delayed or the work itself takes longer than anticipated and we end up trying to sell the house during that time our house will take longer to sell than it might otherwise have done.

With the best will in the world it seems to be virtually impossible to try and get everything to come together at the same time ! I'm not known for my patience anyway but now the decision is made sorting everything out can't happen quickly enough tbh !

I sold and had cash in the bank prior to the consent order.